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92_HB1978eng HB1978 Engrossed LRB9207610LDprB 1 AN ACT in relation to gambling. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Horse Racing Act is amended by 5 changing Section 26 as follows: 6 (230 ILCS 5/26) (from Ch. 8, par. 37-26) 7 Sec. 26. Wagering. 8 (a) Any licensee may conduct and supervise the 9 pari-mutuel system of wagering, as defined in Section 3.12 of 10 this Act, on horse races conducted by an Illinois 11 organization licensee or conducted at a racetrack located in 12 another state or country and televised in Illinois in 13 accordance with subsection (g) of Section 26 of this Act. 14 Subject to the prior consent of the Board, licensees may 15 supplement any pari-mutuel pool in order to guarantee a 16 minimum distribution. Such pari-mutuel method of wagering 17 shall not, under any circumstances if conducted under the 18 provisions of this Act, be held or construed to be unlawful, 19 other statutes of this State to the contrary notwithstanding. 20 Subject to rules for advance wagering promulgated by the 21 Board, any licensee may accept wagers in advance of the day 22 of the race wagered upon occurs. 23 (b) No other method of betting, pool making, wagering or 24 gambling shall be used or permitted by the licensee. Each 25 licensee may retain, subject to the payment of all applicable 26 taxes and purses, an amount not to exceed 17% of all money 27 wagered under subsection (a) of this Section, except as may 28 otherwise be permitted under this Act. 29 (b-5) An individual may place a wager under the 30 pari-mutuel system from any licensed location authorized 31 under this Act provided that wager is electronically recorded HB1978 Engrossed -2- LRB9207610LDprB 1 in the manner described in Section 3.12 of this Act. Any 2 wager made electronically by an individual while physically 3 on the premises of a licensee shall be deemed to have been 4 made at the premises of that licensee. 5 (c) Until January 1, 2000, the sum held by any licensee 6 for payment of outstanding pari-mutuel tickets, if unclaimed 7 prior to December 31 of the next year, shall be retained by 8 the licensee for payment of such tickets until that date. 9 Within 10 days thereafter, the balance of such sum remaining 10 unclaimed, less any uncashed supplements contributed by such 11 licensee for the purpose of guaranteeing minimum 12 distributions of any pari-mutuel pool, shall be paid to the 13 Illinois Veterans' Rehabilitation Fund of the State treasury, 14 except as provided in subsection (g) of Section 27 of this 15 Act. 16 (c-5) Beginning January 1, 2000, the sum held by any 17 licensee for payment of outstanding pari-mutuel tickets, if 18 unclaimed prior to December 31 of the next year, shall be 19 retained by the licensee for payment of such tickets until 20 that date. Within 10 days thereafter, the balance of such 21 sum remaining unclaimed, less any uncashed supplements 22 contributed by such licensee for the purpose of guaranteeing 23 minimum distributions of any pari-mutuel pool, shall be 24 evenly distributed to the purse account of the organization 25 licensee and the organization licensee. 26 (d) A pari-mutuel ticket shall be honored until December 27 31 of the next calendar year, and the licensee shall pay the 28 same and may charge the amount thereof against unpaid money 29 similarly accumulated on account of pari-mutuel tickets not 30 presented for payment. 31 (e) No licensee shall knowingly permit any minor, other 32 than an employee of such licensee or an owner, trainer, 33 jockey, driver, or employee thereof, to be admitted during a 34 racing program unless accompanied by a parent or guardian, or HB1978 Engrossed -3- LRB9207610LDprB 1 any minor to be a patron of the pari-mutuel system of 2 wagering conducted or supervised by it. The admission of any 3 unaccompanied minor, other than an employee of the licensee 4 or an owner, trainer, jockey, driver, or employee thereof at 5 a race track is a Class C misdemeanor. No person who is not 6 at least 21 years of age shall make any wager under the 7 pari-mutuel system of wagering conducted or supervised by the 8 licensee. The placing of a wager by a person who is not at 9 least 21 years of age in violation of this subsection (e) is 10 a Class C misdemeanor. 11 (f) Notwithstanding the other provisions of this Act, an 12 organization licensee may contract with an entity in another 13 state or country to permit any legal wagering entity in 14 another state or country to accept wagers solely within such 15 other state or country on races conducted by the organization 16 licensee in this State. Beginning January 1, 2000, these 17 wagers shall not be subject to State taxation. Until January 18 1, 2000, when the out-of-State entity conducts a pari-mutuel 19 pool separate from the organization licensee, a privilege tax 20 equal to 7 1/2% of all monies received by the organization 21 licensee from entities in other states or countries pursuant 22 to such contracts is imposed on the organization licensee, 23 and such privilege tax shall be remitted to the Department of 24 Revenue within 48 hours of receipt of the moneys from the 25 simulcast. When the out-of-State entity conducts a combined 26 pari-mutuel pool with the organization licensee, the tax 27 shall be 10% of all monies received by the organization 28 licensee with 25% of the receipts from this 10% tax to be 29 distributed to the county in which the race was conducted. 30 An organization licensee may permit one or more of its 31 races to be utilized for pari-mutuel wagering at one or more 32 locations in other states and may transmit audio and visual 33 signals of races the organization licensee conducts to one or 34 more locations outside the State or country and may also HB1978 Engrossed -4- LRB9207610LDprB 1 permit pari-mutuel pools in other states or countries to be 2 combined with its gross or net wagering pools or with 3 wagering pools established by other states. 4 (g) A host track may accept interstate simulcast wagers 5 on horse races conducted in other states or countries and 6 shall control the number of signals and types of breeds of 7 racing in its simulcast program, subject to the disapproval 8 of the Board. The Board may prohibit a simulcast program 9 only if it finds that the simulcast program is clearly 10 adverse to the integrity of racing. The host track simulcast 11 program shall include the signal of live racing of all 12 organization licensees. All non-host licensees shall carry 13 the host track simulcast program and accept wagers on all 14 races included as part of the simulcast program upon which 15 wagering is permitted. The costs and expenses of the host 16 track and non-host licensees associated with interstate 17 simulcast wagering, other than the interstate commission fee, 18 shall be borne by the host track and all non-host licensees 19 incurring these costs. The interstate commission fee shall 20 not exceed 5% of Illinois handle on the interstate simulcast 21 race or races without prior approval of the Board. The Board 22 shall promulgate rules under which it may permit interstate 23 commission fees in excess of 5%. The interstate commission 24 fee and other fees charged by the sending racetrack, 25 including, but not limited to, satellite decoder fees, shall 26 be uniformly applied to the host track and all non-host 27 licensees. 28 (1) Between the hours of 6:30 a.m. and 6:30 p.m. an 29 intertrack wagering licensee other than the host track 30 may supplement the host track simulcast program with 31 additional simulcast races or race programs, provided 32 that between January 1 and the third Friday in February 33 of any year, inclusive, if no live thoroughbred racing is 34 occurring in Illinois during this period, only HB1978 Engrossed -5- LRB9207610LDprB 1 thoroughbred races may be used for supplemental 2 interstate simulcast purposes. The Board shall withhold 3 approval for a supplemental interstate simulcast only if 4 it finds that the simulcast is clearly adverse to the 5 integrity of racing. A supplemental interstate simulcast 6 may be transmitted from an intertrack wagering licensee 7 to its affiliated non-host licensees. The interstate 8 commission fee for a supplemental interstate simulcast 9 shall be paid by the non-host licensee and its affiliated 10 non-host licensees receiving the simulcast. 11 (2) Between the hours of 6:30 p.m. and 6:30 a.m. an 12 intertrack wagering licensee other than the host track 13 may receive supplemental interstate simulcasts only with 14 the consent of the host track, except when the Board 15 finds that the simulcast is clearly adverse to the 16 integrity of racing. Consent granted under this 17 paragraph (2) to any intertrack wagering licensee shall 18 be deemed consent to all non-host licensees. The 19 interstate commission fee for the supplemental interstate 20 simulcast shall be paid by all participating non-host 21 licensees. 22 (3) Each licensee conducting interstate simulcast 23 wagering may retain, subject to the payment of all 24 applicable taxes and the purses, an amount not to exceed 25 17% of all money wagered. If any licensee conducts the 26 pari-mutuel system wagering on races conducted at 27 racetracks in another state or country, each such race or 28 race program shall be considered a separate racing day 29 for the purpose of determining the daily handle and 30 computing the privilege tax of that daily handle as 31 provided in subsection (a) of Section 27. Until January 32 1, 2000, from the sums permitted to be retained pursuant 33 to this subsection, each intertrack wagering location 34 licensee shall pay 1% of the pari-mutuel handle wagered HB1978 Engrossed -6- LRB9207610LDprB 1 on simulcast wagering to the Horse Racing Tax Allocation 2 Fund, subject to the provisions of subparagraph (B) of 3 paragraph (11) of subsection (h) of Section 26 of this 4 Act. 5 (4) A licensee who receives an interstate simulcast 6 may combine its gross or net pools with pools at the 7 sending racetracks pursuant to rules established by the 8 Board. All licensees combining their gross pools at a 9 sending racetrack shall adopt the take-out percentages of 10 the sending racetrack. A licensee may also establish a 11 separate pool and takeout structure for wagering purposes 12 on races conducted at race tracks outside of the State of 13 Illinois. The licensee may permit pari-mutuel wagers 14 placed in other states or countries to be combined with 15 its gross or net wagering pools or other wagering pools. 16 (5) After the payment of the interstate commission 17 fee (except for the interstate commission fee on a 18 supplemental interstate simulcast, which shall be paid by 19 the host track and by each non-host licensee through the 20 host-track) and all applicable State and local taxes, 21 except as provided in subsection (g) of Section 27 of 22 this Act, the remainder of moneys retained from simulcast 23 wagering pursuant to this subsection (g), and Section 24 26.2 shall be divided as follows: 25 (A) For interstate simulcast wagers made at a 26 host track, 50% to the host track and 50% to purses 27 at the host track. 28 (B) For wagers placed on interstate simulcast 29 races, supplemental simulcasts as defined in 30 subparagraphs (1) and (2), and separately pooled 31 races conducted outside of the State of Illinois 32 made at a non-host licensee, 25% to the host track, 33 25% to the non-host licensee, and 50% to the purses 34 at the host track. HB1978 Engrossed -7- LRB9207610LDprB 1 (6) Notwithstanding any provision in this Act to 2 the contrary, non-host licensees who derive their 3 licenses from a track located in a county with a 4 population in excess of 230,000 and that borders the 5 Mississippi River may receive supplemental interstate 6 simulcast races at all times subject to Board approval, 7 which shall be withheld only upon a finding that a 8 supplemental interstate simulcast is clearly adverse to 9 the integrity of racing. 10 (7) Notwithstanding any provision of this Act to 11 the contrary, after payment of all applicable State and 12 local taxes and interstate commission fees, non-host 13 licensees who derive their licenses from a track located 14 in a county with a population in excess of 230,000 and 15 that borders the Mississippi River shall retain 50% of 16 the retention from interstate simulcast wagers and shall 17 pay 50% to purses at the track from which the non-host 18 licensee derives its license as follows: 19 (A) Between January 1 and the third Friday in 20 February, inclusive, if no live thoroughbred racing 21 is occurring in Illinois during this period, when 22 the interstate simulcast is a standardbred race, the 23 purse share to its standardbred purse account; 24 (B) Between January 1 and the third Friday in 25 February, inclusive, if no live thoroughbred racing 26 is occurring in Illinois during this period, and the 27 interstate simulcast is a thoroughbred race, the 28 purse share to its interstate simulcast purse pool 29 to be distributed under paragraph (10) of this 30 subsection (g); 31 (C) Between January 1 and the third Friday in 32 February, inclusive, if live thoroughbred racing is 33 occurring in Illinois, between 6:30 a.m. and 6:30 34 p.m. the purse share from wagers made during this HB1978 Engrossed -8- LRB9207610LDprB 1 time period to its thoroughbred purse account and 2 between 6:30 p.m. and 6:30 a.m. the purse share from 3 wagers made during this time period to its 4 standardbred purse accounts; 5 (D) Between the third Saturday in February and 6 December 31, when the interstate simulcast occurs 7 between the hours of 6:30 a.m. and 6:30 p.m., the 8 purse share to its thoroughbred purse account; 9 (E) Between the third Saturday in February and 10 December 31, when the interstate simulcast occurs 11 between the hours of 6:30 p.m. and 6:30 a.m., the 12 purse share to its standardbred purse account. 13 (8) Notwithstanding any provision in this Act to 14 the contrary, an organization licensee from a track 15 located in a county with a population in excess of 16 230,000 and that borders the Mississippi River and its 17 affiliated non-host licensees shall not be entitled to 18 share in any retention generated on racing, inter-track 19 wagering, or simulcast wagering at any other Illinois 20 wagering facility. 21 (8.1) Notwithstanding any provisions in this Act to 22 the contrary, if 2 organization licensees are conducting 23 standardbred race meetings concurrently between the hours 24 of 6:30 p.m. and 6:30 a.m., after payment of all 25 applicable State and local taxes and interstate 26 commission fees, the remainder of the amount retained 27 from simulcast wagering otherwise attributable to the 28 host track and to host track purses shall be split daily 29 between the 2 organization licensees and the purses at 30 the tracks of the 2 organization licensees, respectively, 31 based on each organization licensee's share of the total 32 live handle for that day, provided that this provision 33 shall not apply to any non-host licensee that derives its 34 license from a track located in a county with a HB1978 Engrossed -9- LRB9207610LDprB 1 population in excess of 230,000 and that borders the 2 Mississippi River. 3 (9) (Blank). 4 (10) (Blank). 5 (11) (Blank). 6 (12) The Board shall have authority to compel all 7 host tracks to receive the simulcast of any or all races 8 conducted at the Springfield or DuQuoin State fairgrounds 9 and include all such races as part of their simulcast 10 programs. 11 (13) Notwithstanding any other provision of this 12 Act, in the event that the total Illinois pari-mutuel 13 handle on Illinois horse races at all wagering facilities 14 in any calendar year is less than 75% of the total 15 Illinois pari-mutuel handle on Illinois horse races at 16 all such wagering facilities for calendar year 1994, then 17 each wagering facility that has an annual total Illinois 18 pari-mutuel handle on Illinois horse races that is less 19 than 75% of the total Illinois pari-mutuel handle on 20 Illinois horse races at such wagering facility for 21 calendar year 1994, shall be permitted to receive, from 22 any amount otherwise payable to the purse account at the 23 race track with which the wagering facility is affiliated 24 in the succeeding calendar year, an amount equal to 2% of 25 the differential in total Illinois pari-mutuel handle on 26 Illinois horse races at the wagering facility between 27 that calendar year in question and 1994 provided, 28 however, that a wagering facility shall not be entitled 29 to any such payment until the Board certifies in writing 30 to the wagering facility the amount to which the wagering 31 facility is entitled and a schedule for payment of the 32 amount to the wagering facility, based on: (i) the racing 33 dates awarded to the race track affiliated with the 34 wagering facility during the succeeding year; (ii) the HB1978 Engrossed -10- LRB9207610LDprB 1 sums available or anticipated to be available in the 2 purse account of the race track affiliated with the 3 wagering facility for purses during the succeeding year; 4 and (iii) the need to ensure reasonable purse levels 5 during the payment period. The Board's certification 6 shall be provided no later than January 31 of the 7 succeeding year. In the event a wagering facility 8 entitled to a payment under this paragraph (13) is 9 affiliated with a race track that maintains purse 10 accounts for both standardbred and thoroughbred racing, 11 the amount to be paid to the wagering facility shall be 12 divided between each purse account pro rata, based on the 13 amount of Illinois handle on Illinois standardbred and 14 thoroughbred racing respectively at the wagering facility 15 during the previous calendar year. Annually, the General 16 Assembly shall appropriate sufficient funds from the 17 General Revenue Fund to the Department of Agriculture for 18 payment into the thoroughbred and standardbred horse 19 racing purse accounts at Illinois pari-mutuel tracks. 20 The amount paid to each purse account shall be the amount 21 certified by the Illinois Racing Board in January to be 22 transferred from each account to each eligible racing 23 facility in accordance with the provisions of this 24 Section. 25 (h) The Board may approve and license the conduct of 26 inter-track wagering and simulcast wagering by inter-track 27 wagering licensees and inter-track wagering location 28 licensees subject to the following terms and conditions: 29 (1) Any person licensed to conduct a race meeting 30 at a track where 60 or more days of racing were conducted 31 during the immediately preceding calendar year or where 32 over the 5 immediately preceding calendar years an 33 average of 30 or more days of racing were conducted 34 annually or at a track located in a county that is HB1978 Engrossed -11- LRB9207610LDprB 1 bounded by the Mississippi River, which has a population 2 of less than 150,000 according to the 1990 decennial 3 census, and an average of at least 60 days of racing per 4 year between 1985 and 1993 may be issued an inter-track 5 wagering license. Any such person having operating 6 control of the racing facility may also receive up to 6 7 inter-track wagering location licenses. In no event shall 8 more than 6 inter-track wagering locations be established 9 for each eligible race track, except that an eligible 10 race track located in a county that has a population of 11 more than 230,000 and that is bounded by the Mississippi 12 River may establish up to 7 inter-track wagering 13 locations. An application for said license shall be filed 14 with the Board prior to such dates as may be fixed by the 15 Board. With an application for an inter-track wagering 16 location license there shall be delivered to the Board a 17 certified check or bank draft payable to the order of the 18 Board for an amount equal to $500. The application shall 19 be on forms prescribed and furnished by the Board. The 20 application shall comply with all other rules, 21 regulations and conditions imposed by the Board in 22 connection therewith. 23 (2) The Board shall examine the applications with 24 respect to their conformity with this Act and the rules 25 and regulations imposed by the Board. If found to be in 26 compliance with the Act and rules and regulations of the 27 Board, the Board may then issue a license to conduct 28 inter-track wagering and simulcast wagering to such 29 applicant. All such applications shall be acted upon by 30 the Board at a meeting to be held on such date as may be 31 fixed by the Board. 32 (3) In granting licenses to conduct inter-track 33 wagering and simulcast wagering, the Board shall give due 34 consideration to the best interests of the public, of HB1978 Engrossed -12- LRB9207610LDprB 1 horse racing, and of maximizing revenue to the State. 2 (4) Prior to the issuance of a license to conduct 3 inter-track wagering and simulcast wagering, the 4 applicant shall file with the Board a bond payable to the 5 State of Illinois in the sum of $50,000, executed by the 6 applicant and a surety company or companies authorized to 7 do business in this State, and conditioned upon (i) the 8 payment by the licensee of all taxes due under Section 27 9 or 27.1 and any other monies due and payable under this 10 Act, and (ii) distribution by the licensee, upon 11 presentation of the winning ticket or tickets, of all 12 sums payable to the patrons of pari-mutuel pools. 13 (5) Each license to conduct inter-track wagering 14 and simulcast wagering shall specify the person to whom 15 it is issued, the dates on which such wagering is 16 permitted, and the track or location where the wagering 17 is to be conducted. 18 (6) All wagering under such license is subject to 19 this Act and to the rules and regulations from time to 20 time prescribed by the Board, and every such license 21 issued by the Board shall contain a recital to that 22 effect. 23 (7) An inter-track wagering licensee or inter-track 24 wagering location licensee may accept wagers at the track 25 or location where it is licensed, or as otherwise 26 provided under this Act. 27 (8) Inter-track wagering or simulcast wagering 28 shall not be conducted at any track less than 5 miles 29 from a track at which a racing meeting is in progress. 30 (8.1) Inter-track wagering location licensees who 31 derive their licenses from a particular organization 32 licensee shall conduct inter-track wagering and simulcast 33 wagering only at locations which are either within 90 34 miles of that race track where the particular HB1978 Engrossed -13- LRB9207610LDprB 1 organization licensee is licensed to conduct racing, or 2 within 135 miles of that race track where the particular 3 organization licensee is licensed to conduct racing in 4 the case of race tracks in counties of less than 400,000 5 that were operating on or before June 1, 1986. However, 6 inter-track wagering and simulcast wagering shall not be 7 conducted by those licensees at any location within 5 8 miles of any race track at which a horse race meeting has 9 been licensed in the current year, unless the person 10 having operating control of such race track has given its 11 written consent to such inter-track wagering location 12 licensees, which consent must be filed with the Board at 13 or prior to the time application is made. 14 (8.2) Inter-track wagering or simulcast wagering 15 shall not be conducted by an inter-track wagering 16 location licensee at any location within 500 feet of an 17 existing church or existing school, nor within 500 feet 18 of the residences of more than 50 registered voters 19 without receiving written permission from a majority of 20 the registered voters at such residences. Such written 21 permission statements shall be filed with the Board. The 22 distance of 500 feet shall be measured to the nearest 23 part of any building used for worship services, education 24 programs, residential purposes, or conducting inter-track 25 wagering by an inter-track wagering location licensee, 26 and not to property boundaries. However, inter-track 27 wagering or simulcast wagering may be conducted at a site 28 within 500 feet of a church, school or residences of 50 29 or more registered voters if such church, school or 30 residences have been erected or established, or such 31 voters have been registered, after the Board issues the 32 original inter-track wagering location license at the 33 site in question. Inter-track wagering location licensees 34 may conduct inter-track wagering and simulcast wagering HB1978 Engrossed -14- LRB9207610LDprB 1 only in areas that are zoned for commercial or 2 manufacturing purposes or in areas for which a special 3 use has been approved by the local zoning authority. 4 However, no license to conduct inter-track wagering and 5 simulcast wagering shall be granted by the Board with 6 respect to any inter-track wagering location within the 7 jurisdiction of any local zoning authority which has, by 8 ordinance or by resolution, prohibited the establishment 9 of an inter-track wagering location within its 10 jurisdiction. However, inter-track wagering and 11 simulcast wagering may be conducted at a site if such 12 ordinance or resolution is enacted after the Board 13 licenses the original inter-track wagering location 14 licensee for the site in question. 15 (9) (Blank). 16 (10) An inter-track wagering licensee or an 17 inter-track wagering location licensee may retain, 18 subject to the payment of the privilege taxes and the 19 purses, an amount not to exceed 17% of all money wagered. 20 Each program of racing conducted by each inter-track 21 wagering licensee or inter-track wagering location 22 licensee shall be considered a separate racing day for 23 the purpose of determining the daily handle and computing 24 the privilege tax or pari-mutuel tax on such daily handle 25 as provided in Section 27. 26 (10.1) Except as provided in subsection (g) of 27 Section 27 of this Act, inter-track wagering location 28 licensees shall pay 1% of the pari-mutuel handle at each 29 location to the municipality in which such location is 30 situated and 1% of the pari-mutuel handle at each 31 location to the county in which such location is 32 situated. In the event that an inter-track wagering 33 location licensee is situated in an unincorporated area 34 of a county, such licensee shall pay 2% of the HB1978 Engrossed -15- LRB9207610LDprB 1 pari-mutuel handle from such location to such county. 2 (10.2) Notwithstanding any other provision of this 3 Act, with respect to intertrack wagering at a race track 4 located in a county that has a population of more than 5 230,000 and that is bounded by the Mississippi River 6 ("the first race track"), or at a facility operated by an 7 inter-track wagering licensee or inter-track wagering 8 location licensee that derives its license from the 9 organization licensee that operates the first race track, 10 on races conducted at the first race track or on races 11 conducted at another Illinois race track and 12 simultaneously televised to the first race track or to a 13 facility operated by an inter-track wagering licensee or 14 inter-track wagering location licensee that derives its 15 license from the organization licensee that operates the 16 first race track, those moneys shall be allocated as 17 follows: 18 (A) That portion of all moneys wagered on 19 standardbred racing that is required under this Act 20 to be paid to purses shall be paid to purses for 21 standardbred races. 22 (B) That portion of all moneys wagered on 23 thoroughbred racing that is required under this Act 24 to be paid to purses shall be paid to purses for 25 thoroughbred races. 26 (11) (A) After payment of the privilege or 27 pari-mutuel tax, any other applicable taxes, and the 28 costs and expenses in connection with the gathering, 29 transmission, and dissemination of all data necessary to 30 the conduct of inter-track wagering, the remainder of the 31 monies retained under either Section 26 or Section 26.2 32 of this Act by the inter-track wagering licensee on 33 inter-track wagering shall be allocated with 50% to be 34 split between the 2 participating licensees and 50% to HB1978 Engrossed -16- LRB9207610LDprB 1 purses, except that an intertrack wagering licensee that 2 derives its license from a track located in a county with 3 a population in excess of 230,000 and that borders the 4 Mississippi River shall not divide any remaining 5 retention with the Illinois organization licensee that 6 provides the race or races, and an intertrack wagering 7 licensee that accepts wagers on races conducted by an 8 organization licensee that conducts a race meet in a 9 county with a population in excess of 230,000 and that 10 borders the Mississippi River shall not divide any 11 remaining retention with that organization licensee. 12 (B) From the sums permitted to be retained pursuant 13 to this Act each inter-track wagering location licensee 14 shall pay (i) the privilege or pari-mutuel tax to the 15 State; (ii) 4.75% of the pari-mutuel handle on intertrack 16 wagering at such location on races as purses, except that 17 an intertrack wagering location licensee that derives its 18 license from a track located in a county with a 19 population in excess of 230,000 and that borders the 20 Mississippi River shall retain all purse moneys for its 21 own purse account consistent with distribution set forth 22 in this subsection (h), and intertrack wagering location 23 licensees that accept wagers on races conducted by an 24 organization licensee located in a county with a 25 population in excess of 230,000 and that borders the 26 Mississippi River shall distribute all purse moneys to 27 purses at the operating host track; (iii) until January 28 1, 2000, except as provided in subsection (g) of Section 29 27 of this Act, 1% of the pari-mutuel handle wagered on 30 inter-track wagering and simulcast wagering at each 31 inter-track wagering location licensee facility to the 32 Horse Racing Tax Allocation Fund, provided that, to the 33 extent the total amount collected and distributed to the 34 Horse Racing Tax Allocation Fund under this subsection HB1978 Engrossed -17- LRB9207610LDprB 1 (h) during any calendar year exceeds the amount collected 2 and distributed to the Horse Racing Tax Allocation Fund 3 during calendar year 1994, that excess amount shall be 4 redistributed (I) to all inter-track wagering location 5 licensees, based on each licensee's pro-rata share of the 6 total handle from inter-track wagering and simulcast 7 wagering for all inter-track wagering location licensees 8 during the calendar year in which this provision is 9 applicable; then (II) the amounts redistributed to each 10 inter-track wagering location licensee as described in 11 subpart (I) shall be further redistributed as provided in 12 subparagraph (B) of paragraph (5) of subsection (g) of 13 this Section 26 provided first, that the shares of those 14 amounts, which are to be redistributed to the host track 15 or to purses at the host track under subparagraph (B) of 16 paragraph (5) of subsection (g) of this Section 26 shall 17 be redistributed based on each host track's pro rata 18 share of the total inter-track wagering and simulcast 19 wagering handle at all host tracks during the calendar 20 year in question, and second, that any amounts 21 redistributed as described in part (I) to an inter-track 22 wagering location licensee that accepts wagers on races 23 conducted by an organization licensee that conducts a 24 race meet in a county with a population in excess of 25 230,000 and that borders the Mississippi River shall be 26 further redistributed as provided in subparagraphs (D) 27 and (E) of paragraph (7) of subsection (g) of this 28 Section 26, with the portion of that further 29 redistribution allocated to purses at that organization 30 licensee to be divided between standardbred purses and 31 thoroughbred purses based on the amounts otherwise 32 allocated to purses at that organization licensee during 33 the calendar year in question; and (iv) 8% of the 34 pari-mutuel handle on inter-track wagering wagered at HB1978 Engrossed -18- LRB9207610LDprB 1 such location to satisfy all costs and expenses of 2 conducting its wagering. The remainder of the monies 3 retained by the inter-track wagering location licensee 4 shall be allocated 40% to the location licensee and 60% 5 to the organization licensee which provides the Illinois 6 races to the location, except that an intertrack wagering 7 location licensee that derives its license from a track 8 located in a county with a population in excess of 9 230,000 and that borders the Mississippi River shall not 10 divide any remaining retention with the organization 11 licensee that provides the race or races and an 12 intertrack wagering location licensee that accepts wagers 13 on races conducted by an organization licensee that 14 conducts a race meet in a county with a population in 15 excess of 230,000 and that borders the Mississippi River 16 shall not divide any remaining retention with the 17 organization licensee. Notwithstanding the provisions of 18 clauses (ii) and (iv) of this paragraph, in the case of 19 the additional inter-track wagering location licenses 20 authorized under paragraph (1) of this subsection (h) by 21 this amendatory Act of 1991, those licensees shall pay 22 the following amounts as purses: during the first 12 23 months the licensee is in operation, 5.25% of the 24 pari-mutuel handle wagered at the location on races; 25 during the second 12 months, 5.25%; during the third 12 26 months, 5.75%; during the fourth 12 months, 6.25%; and 27 during the fifth 12 months and thereafter, 6.75%. The 28 following amounts shall be retained by the licensee to 29 satisfy all costs and expenses of conducting its 30 wagering: during the first 12 months the licensee is in 31 operation, 8.25% of the pari-mutuel handle wagered at the 32 location; during the second 12 months, 8.25%; during the 33 third 12 months, 7.75%; during the fourth 12 months, 34 7.25%; and during the fifth 12 months and thereafter, HB1978 Engrossed -19- LRB9207610LDprB 1 6.75%. For additional intertrack wagering location 2 licensees authorized under this amendatory Act of 1995, 3 purses for the first 12 months the licensee is in 4 operation shall be 5.75% of the pari-mutuel wagered at 5 the location, purses for the second 12 months the 6 licensee is in operation shall be 6.25%, and purses 7 thereafter shall be 6.75%. For additional intertrack 8 location licensees authorized under this amendatory Act 9 of 1995, the licensee shall be allowed to retain to 10 satisfy all costs and expenses: 7.75% of the pari-mutuel 11 handle wagered at the location during its first 12 months 12 of operation, 7.25% during its second 12 months of 13 operation, and 6.75% thereafter. 14 (C) There is hereby created the Horse Racing Tax 15 Allocation Fund which shall remain in existence until 16 December 31, 1999. Moneys remaining in the Fund after 17 December 31, 1999 shall be paid into the General Revenue 18 Fund. Until January 1, 2000, all monies paid into the 19 Horse Racing Tax Allocation Fund pursuant to this 20 paragraph (11) by inter-track wagering location licensees 21 located in park districts of 500,000 population or less, 22 or in a municipality that is not included within any park 23 district but is included within a conservation district 24 and is the county seat of a county that (i) is contiguous 25 to the state of Indiana and (ii) has a 1990 population of 26 88,257 according to the United States Bureau of the 27 Census, and operating on May 1, 1994 shall be allocated 28 by appropriation as follows: 29 Two-sevenths to the Department of Agriculture. 30 Fifty percent of this two-sevenths shall be used to 31 promote the Illinois horse racing and breeding 32 industry, and shall be distributed by the Department 33 of Agriculture upon the advice of a 9-member 34 committee appointed by the Governor consisting of HB1978 Engrossed -20- LRB9207610LDprB 1 the following members: the Director of Agriculture, 2 who shall serve as chairman; 2 representatives of 3 organization licensees conducting thoroughbred race 4 meetings in this State, recommended by those 5 licensees; 2 representatives of organization 6 licensees conducting standardbred race meetings in 7 this State, recommended by those licensees; a 8 representative of the Illinois Thoroughbred Breeders 9 and Owners Foundation, recommended by that 10 Foundation; a representative of the Illinois 11 Standardbred Owners and Breeders Association, 12 recommended by that Association; a representative of 13 the Horsemen's Benevolent and Protective Association 14 or any successor organization thereto established in 15 Illinois comprised of the largest number of owners 16 and trainers, recommended by that Association or 17 that successor organization; and a representative of 18 the Illinois Harness Horsemen's Association, 19 recommended by that Association. Committee members 20 shall serve for terms of 2 years, commencing January 21 1 of each even-numbered year. If a representative 22 of any of the above-named entities has not been 23 recommended by January 1 of any even-numbered year, 24 the Governor shall appoint a committee member to 25 fill that position. Committee members shall receive 26 no compensation for their services as members but 27 shall be reimbursed for all actual and necessary 28 expenses and disbursements incurred in the 29 performance of their official duties. The remaining 30 50% of this two-sevenths shall be distributed to 31 county fairs for premiums and rehabilitation as set 32 forth in the Agricultural Fair Act; 33 Four-sevenths to park districts or 34 municipalities that do not have a park district of HB1978 Engrossed -21- LRB9207610LDprB 1 500,000 population or less for museum purposes (if 2 an inter-track wagering location licensee is located 3 in such a park district) or to conservation 4 districts for museum purposes (if an inter-track 5 wagering location licensee is located in a 6 municipality that is not included within any park 7 district but is included within a conservation 8 district and is the county seat of a county that (i) 9 is contiguous to the state of Indiana and (ii) has a 10 1990 population of 88,257 according to the United 11 States Bureau of the Census, except that if the 12 conservation district does not maintain a museum, 13 the monies shall be allocated equally between the 14 county and the municipality in which the inter-track 15 wagering location licensee is located for general 16 purposes) or to a municipal recreation board for 17 park purposes (if an inter-track wagering location 18 licensee is located in a municipality that is not 19 included within any park district and park 20 maintenance is the function of the municipal 21 recreation board and the municipality has a 1990 22 population of 9,302 according to the United States 23 Bureau of the Census); provided that the monies are 24 distributed to each park district or conservation 25 district or municipality that does not have a park 26 district in an amount equal to four-sevenths of the 27 amount collected by each inter-track wagering 28 location licensee within the park district or 29 conservation district or municipality for the Fund. 30 Monies that were paid into the Horse Racing Tax 31 Allocation Fund before the effective date of this 32 amendatory Act of 1991 by an inter-track wagering 33 location licensee located in a municipality that is 34 not included within any park district but is HB1978 Engrossed -22- LRB9207610LDprB 1 included within a conservation district as provided 2 in this paragraph shall, as soon as practicable 3 after the effective date of this amendatory Act of 4 1991, be allocated and paid to that conservation 5 district as provided in this paragraph. Any park 6 district or municipality not maintaining a museum 7 may deposit the monies in the corporate fund of the 8 park district or municipality where the inter-track 9 wagering location is located, to be used for general 10 purposes; and 11 One-seventh to the Agricultural Premium Fund to 12 be used for distribution to agricultural home 13 economics extension councils in accordance with "An 14 Act in relation to additional support and finances 15 for the Agricultural and Home Economic Extension 16 Councils in the several counties of this State and 17 making an appropriation therefor", approved July 24, 18 1967. 19 Until January 1, 2000, all other monies paid into 20 the Horse Racing Tax Allocation Fund pursuant to this 21 paragraph (11) shall be allocated by appropriation as 22 follows: 23 Two-sevenths to the Department of Agriculture. 24 Fifty percent of this two-sevenths shall be used to 25 promote the Illinois horse racing and breeding 26 industry, and shall be distributed by the Department 27 of Agriculture upon the advice of a 9-member 28 committee appointed by the Governor consisting of 29 the following members: the Director of Agriculture, 30 who shall serve as chairman; 2 representatives of 31 organization licensees conducting thoroughbred race 32 meetings in this State, recommended by those 33 licensees; 2 representatives of organization 34 licensees conducting standardbred race meetings in HB1978 Engrossed -23- LRB9207610LDprB 1 this State, recommended by those licensees; a 2 representative of the Illinois Thoroughbred Breeders 3 and Owners Foundation, recommended by that 4 Foundation; a representative of the Illinois 5 Standardbred Owners and Breeders Association, 6 recommended by that Association; a representative of 7 the Horsemen's Benevolent and Protective Association 8 or any successor organization thereto established in 9 Illinois comprised of the largest number of owners 10 and trainers, recommended by that Association or 11 that successor organization; and a representative of 12 the Illinois Harness Horsemen's Association, 13 recommended by that Association. Committee members 14 shall serve for terms of 2 years, commencing January 15 1 of each even-numbered year. If a representative 16 of any of the above-named entities has not been 17 recommended by January 1 of any even-numbered year, 18 the Governor shall appoint a committee member to 19 fill that position. Committee members shall receive 20 no compensation for their services as members but 21 shall be reimbursed for all actual and necessary 22 expenses and disbursements incurred in the 23 performance of their official duties. The remaining 24 50% of this two-sevenths shall be distributed to 25 county fairs for premiums and rehabilitation as set 26 forth in the Agricultural Fair Act; 27 Four-sevenths to museums and aquariums located 28 in park districts of over 500,000 population; 29 provided that the monies are distributed in 30 accordance with the previous year's distribution of 31 the maintenance tax for such museums and aquariums 32 as provided in Section 2 of the Park District 33 Aquarium and Museum Act; and 34 One-seventh to the Agricultural Premium Fund to HB1978 Engrossed -24- LRB9207610LDprB 1 be used for distribution to agricultural home 2 economics extension councils in accordance with "An 3 Act in relation to additional support and finances 4 for the Agricultural and Home Economic Extension 5 Councils in the several counties of this State and 6 making an appropriation therefor", approved July 24, 7 1967. This subparagraph (C) shall be inoperative and 8 of no force and effect on and after January 1, 2000. 9 (D) Except as provided in paragraph (11) of 10 this subsection (h), with respect to purse 11 allocation from intertrack wagering, the monies so 12 retained shall be divided as follows: 13 (i) If the inter-track wagering licensee, 14 except an intertrack wagering licensee that 15 derives its license from an organization 16 licensee located in a county with a population 17 in excess of 230,000 and bounded by the 18 Mississippi River, is not conducting its own 19 race meeting during the same dates, then the 20 entire purse allocation shall be to purses at 21 the track where the races wagered on are being 22 conducted. 23 (ii) If the inter-track wagering 24 licensee, except an intertrack wagering 25 licensee that derives its license from an 26 organization licensee located in a county with 27 a population in excess of 230,000 and bounded 28 by the Mississippi River, is also conducting 29 its own race meeting during the same dates, 30 then the purse allocation shall be as follows: 31 50% to purses at the track where the races 32 wagered on are being conducted; 50% to purses 33 at the track where the inter-track wagering 34 licensee is accepting such wagers. HB1978 Engrossed -25- LRB9207610LDprB 1 (iii) If the inter-track wagering is 2 being conducted by an inter-track wagering 3 location licensee, except an intertrack 4 wagering location licensee that derives its 5 license from an organization licensee located 6 in a county with a population in excess of 7 230,000 and bounded by the Mississippi River, 8 the entire purse allocation for Illinois races 9 shall be to purses at the track where the race 10 meeting being wagered on is being held. 11 (12) The Board shall have all powers necessary and 12 proper to fully supervise and control the conduct of 13 inter-track wagering and simulcast wagering by 14 inter-track wagering licensees and inter-track wagering 15 location licensees, including, but not limited to the 16 following: 17 (A) The Board is vested with power to 18 promulgate reasonable rules and regulations for the 19 purpose of administering the conduct of this 20 wagering and to prescribe reasonable rules, 21 regulations and conditions under which such wagering 22 shall be held and conducted. Such rules and 23 regulations are to provide for the prevention of 24 practices detrimental to the public interest and for 25 the best interests of said wagering and to impose 26 penalties for violations thereof. 27 (B) The Board, and any person or persons to 28 whom it delegates this power, is vested with the 29 power to enter the facilities of any licensee to 30 determine whether there has been compliance with the 31 provisions of this Act and the rules and regulations 32 relating to the conduct of such wagering. 33 (C) The Board, and any person or persons to 34 whom it delegates this power, may eject or exclude HB1978 Engrossed -26- LRB9207610LDprB 1 from any licensee's facilities, any person whose 2 conduct or reputation is such that his presence on 3 such premises may, in the opinion of the Board, call 4 into the question the honesty and integrity of, or 5 interfere with the orderly conduct of such wagering; 6 provided, however, that no person shall be excluded 7 or ejected from such premises solely on the grounds 8 of race, color, creed, national origin, ancestry, or 9 sex. 10 (D) (Blank). 11 (E) The Board is vested with the power to 12 appoint delegates to execute any of the powers 13 granted to it under this Section for the purpose of 14 administering this wagering and any rules and 15 regulations promulgated in accordance with this Act. 16 (F) The Board shall name and appoint a State 17 director of this wagering who shall be a 18 representative of the Board and whose duty it shall 19 be to supervise the conduct of inter-track wagering 20 as may be provided for by the rules and regulations 21 of the Board; such rules and regulation shall 22 specify the method of appointment and the Director's 23 powers, authority and duties. 24 (G) The Board is vested with the power to 25 impose civil penalties of up to $5,000 against 26 individuals and up to $10,000 against licensees for 27 each violation of any provision of this Act relating 28 to the conduct of this wagering, any rules adopted 29 by the Board, any order of the Board or any other 30 action which in the Board's discretion, is a 31 detriment or impediment to such wagering. 32 (13) The Department of Agriculture may enter into 33 agreements with licensees authorizing such licensees to 34 conduct inter-track wagering on races to be held at the HB1978 Engrossed -27- LRB9207610LDprB 1 licensed race meetings conducted by the Department of 2 Agriculture. Such agreement shall specify the races of 3 the Department of Agriculture's licensed race meeting 4 upon which the licensees will conduct wagering. In the 5 event that a licensee conducts inter-track pari-mutuel 6 wagering on races from the Illinois State Fair or DuQuoin 7 State Fair which are in addition to the licensee's 8 previously approved racing program, those races shall be 9 considered a separate racing day for the purpose of 10 determining the daily handle and computing the privilege 11 or pari-mutuel tax on that daily handle as provided in 12 Sections 27 and 27.1. Such agreements shall be approved 13 by the Board before such wagering may be conducted. In 14 determining whether to grant approval, the Board shall 15 give due consideration to the best interests of the 16 public and of horse racing. The provisions of paragraphs 17 (1), (8), (8.1), and (8.2) of subsection (h) of this 18 Section which are not specified in this paragraph (13) 19 shall not apply to licensed race meetings conducted by 20 the Department of Agriculture at the Illinois State Fair 21 in Sangamon County or the DuQuoin State Fair in Perry 22 County, or to any wagering conducted on those race 23 meetings. 24 (i) Notwithstanding the other provisions of this Act, 25 the conduct of wagering at wagering facilities is authorized 26 on all days, except as limited by subsection (b) of Section 27 19 of this Act. 28 (Source: P.A. 91-40, eff. 6-25-99.) 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.
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